The right to vote is everyone's business, especially lawyers

According to the global Organization for Economic Cooperation and Development, as of 2022, the United States ranked near the bottom in voter turnout among developed democracies. We may be the original democracy of modern times that has inspired many other countries to throw off the yoke of authoritarianism. Yet even in the last two hotly contested U.S. presidential elections, a measly 62% of voting-age Americans cast a vote. Compare that to Uruguay's 95% turnout, Brazil's 74% or Belgium's 88%.

So what is our current administration doing to Make American Elections Great Again? Documents recently uncovered, through a public records request by the legal advocacy group Democracy Forward revealed that the Department of Homeland Security (DHS) has investigated more than 150 non-profit organizations whose mission is to register voters and inform them how, when and where to vote. Rather than encourage and help these groups maximize voter participation in the upcoming November election, DHS threatens them.

Efforts to deflate voting undermine the core principle of our democracy that every citizen has the right and power to participate in deciding our nation's future by exercising their right to vote.

Upon admission to the California State Bar, lawyers take an oath to support the U.S. and California Constitutions. Since 1911, Article II, Section 1, of the California Constitution has affirmed: "All political power is inherent in the people. Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require." Section 2 assures that "A United States citizen 18 years of age and resident in this State may vote." This is the foundational rule of law that California lawyers are sworn to uphold. Unquestionably, attempts to discourage voting undermine the Constitution.

The legal profession, above all other careers, has a particular stake in protecting the rule of law. Lawyers perform their work presuming that a strong, functioning democracy will assure fair and impartial resolution of disputes. Now, as the fundamental principles of our democracy guaranteeing the right to vote and to have that vote counted are under assault, lawyers are obliged to speak out against voter suppression. We also have a duty to act. Individual lawyers can make a difference.

These are a few simple ways lawyers can act to preserve our democracy:

1. Make sure every U.S. citizen over 18 in your office is registered to vote. If not, direct your unregistered employees to register and tell them how to do it.

2. On Election Day, give your employees a couple of hours off to vote. Reward them for doing so. Or encourage them to vote by mail and recognize them for displaying their "I Voted" sticker.

3. Urge your clients to follow those two simple steps. Many readers of this column represent businesses, large and small. Encourage them to adopt these steps as part of their good citizenship. If you belong to an attorney association, pass along the ideas.

A more ambitious additional step would be to serve as an election monitor and encourage others in your firm to do the same.

This column takes no position on whom to vote for. Rather, it provides simple and tangible ways for lawyers to stand up for democracy and make a positive difference at a crucial time when democracy is confronting an unprecedented threat.